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Poster: k-otic Date: May 14, 2011 1:46am
Forum: feature_films Subject: Re: A Walk in the Sun (1945) PD or copyright?

It should be in the public domain .. although the version I have uploaded a few years ago was deleted for some reason ... along with some hundred other titles ..

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Poster: Valley of the Sun Date: Jan 3, 2013 8:25pm
Forum: feature_films Subject: Re: A Walk in the Sun (1945) PD or copyright?

Please go to the Kit Parker Films blog - www.kitparker.com -- for a complete explanation on this subject. A motion picture may be in the public domain, but it cannot be copied or exploited if doing so infringes on any underlying rights. There is no Supreme Court ruling to the contrary.

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Jan 3, 2013 9:37pm
Forum: feature_films Subject: Re: A Walk in the Sun (1945) PD or copyright?

Of course Mr Parker's reasoning only applies to works based on a literary or musical source published and registered for copyright prior to the publication and registration of the film. Underlying works that were created prior to the film but remained unpublished and/or unregistered at the release of the film are deemed to have been published by inclusion in the film. This is confirmed by many circuit and supreme court rulings.

It also only applies to the US. Many other countries have laws that state that the use of a public domain film does not infringe an underlying literary, musical or artistic copyrights contained therein. Claiming otherwise can be a costly business.

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Poster: katieq Date: Jan 4, 2013 4:38pm
Forum: feature_films Subject: Re: A Walk in the Sun (1945) PD or copyright?

so you are saying Kit Parker has no legal basis for this claim?

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Jan 4, 2013 5:23pm
Forum: feature_films Subject: Re: A Walk in the Sun (1945) PD or copyright?

Not necessarily no legal basis, just that it is on shaky ground.

There is no separate previous registration for the music and the registration for the novel contains problems. It was registered as published at the incorrect date. This could pose problems for the calculation of the renewal window, rendering the renewal invalid. Add to that that the author could possibly have been considered employee of the US government writing as part of his work under his employment and further problems arise.

There is also the matter of the movie itself never having been registered or renewed for copyright. It could be argued that the authors of the film work never intended for the film to be protected by copyright and intentionally released it to the public domain. Further, it could be argued that the copyright had never been enforced until later third parties made attempts to recapture the copyright using the literary source as their basis of claim.